Date: 07-29-2014

Case Style: Lisbet Santiago and Dixan Pita Mendez v. Community Health Connection, Inc., et al.

Case Number: CJ-2012-5306

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney:

Tulsa Personal Injury Lawyer Directory

Defendant's Attorney: Eric Anders Moen, Shawnae E. Robey and Gus Buthman for Board of Regents of the University of Oklahoma

Michelle Clarice Huffman and Alan Lee Campbell for Nora M. Doyle, M.D.

Description: Lisbet Santiago and Dixan Pita Mendez v. Community Health Connection, Inc., Diane D. Daly, cnm, Caqrla J. Phol, APRN, CNM; Leanne G. Hoch, APRN, CNM; Nora M. Doyle, M.D., State of Oklahoma ex rel. Board of Regents of the University of Oklahoma

Issue # 1.
Issue: MEDICAL NEGLIGENCE (MEDNEG)
Filed by: SANTIAGO, LISBET
Filed Date: 10/09/2012
Party Name: Disposition Information:

Defendant: COMMUNITY HEALTH CONNECTION INC
Disposed: TRANSFERRED TO FEDERAL COURT, 01/11/2013. Dismissed- Transferred to Another Jurisdiction.

Defendant: DAY, DIANE D CNM
Disposed: TRANSFERRED TO FEDERAL COURT, 01/11/2013. Dismissed- Transferred to Another Jurisdiction.

Defendant: DOYLE, NORA M MD
Disposed: TRANSFERRED TO FEDERAL COURT, 01/11/2013. Dismissed- Transferred to Another Jurisdiction.

Defendant: HOCH, LEANNE G APRN CNM
Disposed: TRANSFERRED TO FEDERAL COURT, 01/11/2013. Dismissed- Transferred to Another Jurisdiction.

Defendant: POHL, CARLA J APRN CNM
Disposed: TRANSFERRED TO FEDERAL COURT, 01/11/2013. Dismissed- Transferred to Another Jurisdiction.

Defendant: BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA
Disposed: DISMISSED - SETTLED, 03/24/2014. Dismissed- Settled.

Defendant: BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA
Disposed: DISMISSED - SETTLED, 03/24/2014. Dismissed- Settled.

Defendant: DOYLE, NORA M MD
Disposed: DISMISSED - SETTLED, 03/24/2014. Dismissed- Settled.

Defendant: BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA
Disposed: DISMISSED - WITH PREJUDICE, 07/29/2014. Dismissed- Settled.

Issue # 2.
Issue: MEDICAL NEGLIGENCE (MEDNEG)
Filed by: MENDEZ, DIXAN PITA
Filed Date: 10/09/2012
Party Name: Disposition Information:

Defendant: DOYLE, NORA M MD
Disposed: DISMISSED - SETTLED, 03/24/2014. Dismissed- Settled.

The Plaintiffs alleged in part, as follows:

Plaintiff, Lisbet Santiago, is an individual who resides in Tulsa County, Okiahoma, and is the natural mother of A.M.P., a Minor, who was born on March 16, 2012. Plaintiff, Dixan Pita Mendez, is an individual who also lives in Tulsa County, Oklahoma, and is the natural father of A.M.P, who lives with and is cared for by his parents, who are married.
Community Health Connection, Inc., (hereinafter referred to as “CHC”) is an Oklahoma Corporation, which advertises itself as follows:

“For more than 45 years, HRSA-supported health centers have provided comprehensive, culturally competent, quality primary health care services to medically underserved communities and vulnerable populations. We provide the highest quality, affordable, and accessible primary health care services; in a culturally respectful, language-appropriate, and compassionate manner. We focus on meeting the healthcare needs of the community and our patients by providing a broad array of health and social services, including prenatal/postpartum care and behavioral healiheare.”
Diane D, Day, CNM (hereinafter referred to as “DAY”) is a certified, nurse mid-wife, who, during all relevant times was employed by and the agent of CRC. Carla J. Pohl, APRN, CNM (hereinafter referred to as “PORL”) is an advanced practice registered nurse and a certified nurse mid-wife, who, at all relevant times, was employed by and the agent of CRC. LeAnn G. Hoch, APRN, CNM, (hereinafter referred to as “110CR”), is also an advanced practice registered nurse and a certified nurse mid-wife, who, at all relevant times, was employed by and the agent of CRC. Nora M. Doyle, M.D., is a Medical Doctor, who practices in Tulsa, Oklahoma, where the causes of action arose.
II. FACTUAL ALLEGATIONS
On August 19, 2011, Lisbet Santiago was a patient of DAY and CRC. These Defendants were negligent and breached the national standards of care during their treatment of Lisbet Santiago and her baby, A.M.P. FURTRERMORE, Defendant DAY, apparently lacked the qualifications and education necessary to properly treat this patient or her baby.
On September 16, 2011, Lisbet Santiago was seen and treated by Defendants, PORL and CRC. These Defendants were again negligent and breached the national standards of care during their treatment of this patient and her baby.
On September 30, 2011, Lisbet Santiago was referred by DOYLE for a genetic appointment, during which testing was performed and confirmed that Lisbet Santiago was at risk for Primary Ovarian Insufficiency, late onset Fragile X Associated T/Ataxia Syndrome and for having a child with Fragile X Syndrome. This Report was received by the Defendants on October 3, 2011, but neither receipt of the report nor its serious contents and ramifications were communicated to the Plaintiffs.
On October 14, 2011, Lisbet Santiago was again a patient of POR and CHCI, at which time the Defendants negligently missed another opportunity to discuss the results of the genetic testing, and Lisbet Santiago’s diagnosis of Fragile X Syndrome. FURTHERMORE, the Defendants negligently missed another opportunity to provide Lisbet Santiago the option and opportunity for amniocentesis testing, to rule out Fragile X Syndrome, and give the parents the option to elect to keep or abort the fetus. The negligence of these Defendants, again, breached the national standards of care.
On November 7th, 2011, Lisbet Santiago was again a patient of HOCH and CHC, and they again failed to report or discuss the Fragile X Syndrome test results with Lisbet Santiago or anyone else, in breach of the national standards of care.
On December 16, 2011, Lisbet Santiago was again a patient of POHL and CHC, which failed to discuss the Fragile X Syndrome results or, properly communicate any relevant information to the Plaintiffs or anyone else, again, in breach of the national standards of care.
On January 9th, 2012, Lisbet Santiago was a patient of HOCH and CHC, who again failed to discuss or communicate the Fragile X Syndrome testing results or its ramifications to anyone, in breach of the national standards of care.
On January 23, 2012, HOCH and CHC again met with their patient, [.isbet Santiago, at which time they again failed to discuss the Fragile X Syndrome results or communicate or relate any information to their patient or anyone else, in breach of the national standards of care.
On February 17,2012, HOCH and CHC again saw this patient, at which time they falsely and negligently indicated within the medical record that the patient had not seen a genetic counselor to review the results of Fragile X testing. However, at no time did any of the Defendants discuss with the Plaintiffs or an interpreter the serious situation, which arose from the testing for Fragile X Syndrome, which in fact, had occurred 3 ½ months prior to this visit. The conduct and continued gross negligence and reckless disregard of the Plaintiffs by these Defendants continued to breach the national standards of care.
On March 2, 2011, Lisbet Santiago was finally referred to a genetic counselor. However, there was a five-month delay before the patient was advised of her genetic testing results. That delay was caused by the gross negligence of the Defendants, at which time, Lisbet Santiago was too far along to abort the pregnancy, leaving her no alternative, other than to deliver the baby. Two weeks later, Lisbet Santiago delivered A.M.P. on March 16, 2011. As predicted by the testing, the results of which were never communicated to the Plaintiffs until March 2, 2011, A.M.P.
suffers from Fragile X Syndrome, is totally disabled, and will be disabled and require special care for the rest of his life.
Ill. NEGLIGENCE/BREACH OF THE STANDARDS OF CARE
The Defendants breached the National Standards of Care on multiple occasions by ordering genetic testing and then failing to follow up with anyone, including the patient, about the results, and failing to communicate the results to the patient in a timely fashion so that the Plaintiffs could make an informed decision about the pregnancy. As a result of the gross negligence of the Defendants, Plaintiffs were unable to make an informed decision and were not allowed to make the choice to abort this pregnancy, which they would have done had they been timely notified. Plaintiffs are now faced with the full time care and expense of A.M.P, who is totally disabled as a result of the Fragile X Syndrome, from which he suffers.
IV. STATUTORY COMPLIANCE
Plaintiffs, through Counsel, have consulted and reviewed the facts of this claim with a qualified expert, in compliance with 12 O.S. §19. FURTHERMORE, Plaintiffs, though Counsel, have obtained a written opinion from the expert that clearly identifies the Plaintiffs and includes the determination of the expert that, based upon a review of the available materials, including the applicable medical records and facts, a reasonable interpretation of the facts supports a finding that the acts and omissions of the Defendants constituted professional negligence and breaches of the National Standards of Care. Finally, on the basis of the review and consultation of the qualified expert, Plaintiffs have concluded that their claim is meritorious and based upon good cause.
V. DAMAGES
Plaintiffs seek actual damages against all Defendants, and each of them, for an amount in excess of $75,000, to be determined by a jury. Plaintiffs also seek damages as a result of the past and continued negligence of the Defendants, and their failure to institute policies and procedures to prevent this miscarriage of justice and further similar situations in the future. Finally, as a result of Defendants’ willful and wanton disregard for Plaintiffs and gross neglect, Plaintiffs also seek punitive and exemplary damages against the Defendants, along with pre-judgment interest, court costs and any further relief that the Court deems just


ORDER APPROVING COMPROMISE AND SETTLEMENT
On the 29th day of July, 2014, Plaintiffs and Defendants moved the Court forn Order approving compromise and settlement of the claims of Plaintiffs against Defendants. Jaintiffs appeared personally and with their counsel, Melissa A. East of Richardson Richardson Boudreaux. Defendant, Nora M. Doyle, M.D., appears by and through her attorney-of-record, Alan L. Campbell and Michelle C. Huffman. Defendant, State of Oklahoma ex rd. Board of Regents of the University of Oklahoma, appears by and through its attorney-of-record, Eric A. Moen. Also appearing is Kort A. BeSore of Kort A. BeSore, PLLC, the guardian ad litem appointed for and on behalf of the minor child, A.M.P.
After receiving testimony and being fully advised of the premises in this matter, THE COURT
FINDS:
1. The Court has jurisdiction over the parties and venue is proper in the District Court of Tulsa County, State of Oklahoma. The Court also has jurisdiction over the parties to determine whether the settlement agreement reached by and between them should be approved.
2. A.M.P. is a minor child, born March 16, 2012 (“the Minor Child”). Plaintiffs, Lisbet Santiago and Dixan Pita Mendez, husband and wife, are the parents and natural guardians of the Minor Child (“the Parents”).
3. Plaintiffs’ Amended Petition asserts claims against Defendants alleging negligence and breach of the standard of care arising from Defendants’ alleged failure to fully and timely communicate with the Parents regarding the results of a prenatal genetic test ordered to determine whether the Minor Child was at risk of suffering from Fragile X Syndrome, a condition which is alleged to render the Minor Child totally and permanently disabled. The Parents allege that had they been informed timely of the fact that the Minor Child would be born with Fragile X Syndrome, they could have made an informed decision about terminating the pregnancy.
4. The Parents’ claims are asserted on behalf of themselves, individually, and on behalf of the Minor Child, as his parents and next friend.
5. Defendants filed their pleadings responsive to Plaintiffs’ Petition and deny the allegations of negligence and breach of the standard of care.
6. On or about February 6, 2014, the parties participated in mediation and, in lieu of further legal proceedings, including a trial of this action, the parties agreed to and now seek approval of a compromise in settlement of Plaintiffs’ claims against Defendants.
7. Pursuant to the settlement agreements executed by and between the parties, Defendants agreed to pay to Plaintiffs a sum of money (“the Settlement Proceeds”) in a form and manner which is to remain confidential between the parties and said sum is to be tendered in consideration of Plaintiffs’
release of all claims against Defendants and the dismissal with prejudice of Defendants, Nora M. Doyle, M.D. and State of Oklahoma ex rel Board of Regents of the University of Oklahoma The release and dismissal contemplated by the settlement includes, but is not limited to, release and dismissal of the claim brought on behalf of the Minor Child. Although the settlement is confidential, the Court is fully informed of the amount Defendants agreed to pay in settlement of the claims as well as the terms under which Defendants agreed to pay that amount.
8. On May 19, 2014, Defendant, Nora M. Doyle, M.D., by and through counsel, filed her Application for Hearing, seeking a hearing to approve resolution of this case and this matter is before the Court on this date by reason of said Application.
9. The Parents, by their testimony herein, request that of the Settlement Proceeds which Defendants agreed to pay, the sum of $1,000.00 should be paid to them on behalf of the Minor Child in settlement of the claim brought by them as the Minor Child’s parents and next friends, with the balance of the proceeds to be attributed to settlement of the Parents’ claims, individually, and held in the Client Trust Account of Richardson Richardson Boudreaux (“RRB”) pending the closing of the Parents’ purchase of a home suitable for their family and the present and future care of the Minor Child. At the time of closing, the net proceeds to which the Parents are entitled will be paid out directly by RRB to the Seller or Closing Agent in the transaction as a down payment on the purchase price for the home.
10. The Parents believe that the settlement itself as well as their proposal for apportionment of the Settlement Proceeds is in the best interests of the Minor Child, and the Parents request that the Court approve the same.
11. Defendants, and each of them, do not object to the Parents’ request for apportionment of the Settlement Proceeds.
12. It is the intention of Defendants to compromise and settle disputed and uncertain claims and Defendants, by their agreement to compromise and settle these claims, do not in any way admit liability to Plaintiffs on these claims.
THE COURT FURTHER FINDS:
13. The settlement agreements between the parties, as well as the Parents’ proposal for apportionment of the Settlement Proceeds, is fair, reasonable, and in the best interests of the Minor Child, and authorizes the Parents, individually and as parents and next friends of the Minor Child, to execute and deliver to Defendants a release of the claims asserted herein in the forms proposed by Defendants.
14. The Parents, individually and as the parents and next friends of the Minor Child, expressly acknowledge that health care providers and/or other parties may have filed liens or provided notice of medical expenses accrued in regard to medical services provided to the Minor Child arising from the claims asserted in this action. Regarding such liens or expenses, the Minor Child, by and through the Parents as parents and next friends, acknowledge sole responsibility for these obligations and hereby release Defendants of and from any further responsibility, forever.
15. The Parents, individually and as parents and next friends of the Minor Child, further acknowledge that they had the right to a jury trial concerning the issues addressed herein and affirmatively state:
(A) That they have reached an informed decision to waiver their right to a trial by jury;
(B) That they are fully aware of the consequences of settlement of these claims;
(C) That they are aware that once the Court approves this settlement and the Settlement Proceeds are paid, the Parents and the Minor Child shall be forever barred from making any additional claims as a result of the alleged facts underlying the claims herein, even if the medical condition of the
Minor Child does not progress as presently anticipated or unexpected changes for the worse after completion of this settlement.
16. This Order is not intended to supplement or modify either settlement agreement between Plaintiffs and Defendants, as related to this matter, whether executed before or after the filing of this Order.
17. That the Parties agree to execute the appropriate dismissals of this action pursuant to the provisions of the settlement agreements entered into between the Parties, with the understanding that following the dismissal of this action, the Court will continue to retain jurisdiction for all matters related to the enforcement of this Order and related to the distribution of the settlement proceeds.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Court that the compromise in settlement of the claims made in this action made by and between the parties on the terms specified in the testimony adduced at this hearing and the statements of counsel for the parties, including the guardian ad 1 item, be and the same hereby is APPROVED.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the apportionment of the Settlement Proceeds requested by the Parents as set forth above be and the same hereby is APPROVED.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the Minor Child, A.M.P., shall recover on his behalf the sum of $1,000.00 payable from the Settlement Proceeds to the Parents as the parents and next friends of A.M.P. This sum represents the full settlement and compromise of any and all claims of the Minor Child against Defendants arising from the facts alleged in Plaintiffs’ Petition.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the Parents shall recover the balance of the Settlement Proceeds, individually, which amount represents the full
settlement and compromise of any and all claims of the Parents, individually, against Defendants arising from the facts alleged in Plaintiffs’ Petition.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that, pursuant to the stipulation of the parties, the amount recovered by the Parents shall be deposited in the Client Trust Account of Richardson Richardson Boudreaux; that all outstanding liens and expenses, including the attorneys’ lien of Richardson Richardson Boudreaux, shall be paid out of said amount in accordance with the evidence adduced at this hearing; and, that the net amount owed to the Parents shall remain deposited in the Client Trust Account of Richardson Richardson Boudreaux pending the closing of the Parents’ purchase of a home.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that, pursuant to the stipulation of the parties, on the date set for closing of Parents’ purchase of a home, RRB shall forthwith issue a check for the remaining amount recovered by the Parents, individually, which check shall be made payable to the Seller or to the Closing Agent in the real estate transaction, as instructed, and shall deliver the same to the Closing Agent to be credited against the purchase price for the home purchased by the Parents.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that by approving the compromise and settlement agreement reached by the parties, the Court does not make any finding of liability in favor of nor against the Plaintiffs or Defendants and the entry of this Order shall not be construed as an admission of liability by Defendants.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED by the Court that the parties shall effect dismissal of the action pursuant to the terms of the appropriate settlement agreement.
SO ORDERED.

Outcome: 07-29-2014 DISPCVDMWP 1 BOARD OF REGENTS OF THE UNIVERSITY OF OKLAHOMA 90836370 Jul 29 2014 4:43:48:460PM - $ 0.00
DISMISSAL WITH PREJUDICE

Plaintiff's Experts:

Defendant's Experts:

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